Emory Univ. v. Smith

The plaintiff assumed the risk of her injuries when she chose to negotiate a wet wheelchair access ramp, which had been treated with a non-slip coating.

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Beatrice Smith sued Emory University d/b/a Crawford W. Long Hospital “the hospital” for negligence, asserting that she was injured when she slipped and fell on the hospital’s premises. The hospital subsequently moved for summary judgment. Although the trial court denied the motion, it certified its ruling for immediate review, and we granted the hospital’s interlocutory appeal application. For reasons that follow, we reverse. Summary judgment is appropriate when no genuine issues of material fact remain and ” ‘the undisputed facts, viewed in the light most favorable to the non-moving party, warrant judgment as a matter of law.’ “ 1 So viewed, the record shows that Smith and her husband took their son to the hospital for medical testing on November 16, 1998. It was raining steadily as they approached the hospital entrance along a sidewalk adjacent to the building. Near the entrance, the sidewalk sloped down into a wheelchair access ramp. When Smith stepped onto the ramp from the sidewalk, her foot slid, and she fell, injuring her left knee and right wrist.

According to Smith, “slippery and wet” conditions on the ramp caused her to fall. At her deposition, Smith admitted that she knew before she stepped on the ramp that it was sloped and that “there would be water on it” from the rain. She believes, however, that the ramp was more slippery than regular pavement “because it seemed to have been freshly painted with yellow paint.” Despite this belief, she performed no testing to measure the ramp’s slipperiness, does not know when it was last painted, and does not know what type of paint was used.2 In rebuttal, the hospital presented evidence that the concrete ramp was sealed with a yellow, granular, non-slip safety coating that made it “less slippery” than untreated concrete.

Emory Univ. v. Smith

The plaintiff assumed the risk of her injuries when she chose to negotiate a wet wheelchair access ramp, which had been treated with a non-slip coating.

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